Mobile Jammers Are Not Legally Allowed

The problem in the exam situation is known. Use unauthorized auxiliary tools, such as mobile phones, smart phones, tablets, wearable devices, etc. It is considered an attempt to deceive in an exam situation. Over a period of time, by using so-called cell phone jammer on the auditor's side, it is increasingly possible to observe a remedy. The services now provided range from pure "mobile phone indicators" to active jammers and smart IMSI capturers, which can be forced to be replaced with new GSM cells, and personal data can also be recorded in the wireless network area.

The Baden-Württemberg Ministry of Culture issued a statement on this, and clearly stipulated the use of such jammer devices: From the perspective of the Ministry of Culture, regardless of the data protection check, the use of transmission is not legally allowed A device ("blocker") that its own radio waves completely block the phone from receiving. Because in the GSM frequency range, only mobile network operators have the right to use the frequency they purchased, and therefore have the right to operate cell phone blockers.

The operation of the mobile phone jammer by the third party is the use of frequency without frequency allocation and is in accordance with Article 149. Ban 10 TKG. The use of mobile phone blocking programs does not need to "allocate frequencies", "if the authorities use them to exercise legal powers in accordance with the frequency usage conditions set by the Federal Network Agency." There is insufficient legal basis for use in schools.

Due to the violation of telecommunication confidentiality, the use of equipment for listening or recording messages is also not allowed by law and should be punished (Article 88 TKG). From the perspective of the Ministry of Culture, according to the Data Protection Law, devices that scan a specific frequency range and only indicate that the mobile device has been opened in the room without a specific location are allowed, because the Ministry of Culture does not deal with this.

However, the question arises as to whether it is wise or useful to use this kind of cell phone jammer device and therefore it is necessary. In public schools in Baden-Württemberg, due to special regulations applicable to mobile phones, even carrying a mobile phone with you is a deception. Since the effect of this device can be easily bypassed, for example, if the mobile phone is switched to airplane mode, the scanner will be useless in the case of inspection. In this case, the frequency meter cannot detect the device. But this is still carried out illegally, which in turn is a deception.